CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that denied applicant Geronimo Hernandez's claim. The WCAB reversed the administrative law judge's (ALJ) finding that the claim was barred by the post-termination defense, holding that existing pre-termination medical records from Dr. Santos sufficiently evidenced an injury. The Board returned the case to the trial level for further proceedings to determine industrial causation, acknowledging that applicant's credibility was an issue for the ALJ to resolve. The Board noted a dissenting opinion from Commissioner Razo, who would have denied reconsideration based on the ALJ's credibility findings and the lack of objective findings in the pre-termination medical records.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision that denied applicant Geronimo Hernandez's claim. The WCAB reversed the administrative law judge's (ALJ) finding that the claim was barred by the post-termination defense, holding that existing pre-termination medical records from Dr. Santos sufficiently evidenced an injury. The Board returned the case to the trial level for further proceedings to determine industrial causation, acknowledging that applicant's credibility was an issue for the ALJ to resolve. The Board noted a dissenting opinion from Commissioner Razo, who would have denied reconsideration based on the ALJ's credibility findings and the lack of objective findings in the pre-termination medical records.
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